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ARTICLE · 09 NOVEMBER 2016

OSHA's Post-Accident Drug Testing Rule Delayed Until December 1

Fisher Phillips LLP
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Employers continue to question whether they must change their post-accident drug testing procedures because of the anti-retaliation provisions in OSHA's new Electronic Recordkeeping Rule announced in May...

United StatesEmployment and HR
Howard Mavity
Howard Mavity
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What Employers Need To Know To Comply

Employers continue to question whether they must change their post-accident drug testing procedures because of the anti-retaliation provisions in OSHA's new Electronic Recordkeeping Rule announced in May, and if so, whether compliance is immediately necessary. Although OSHA set an August 1, 2016 effective date for the anti-retaliation provisions, the agency initially delayed enforcement until November 1, 2016 in order to conduct more outreach and education efforts in response to several lawsuits filed by business groups.

The good news for employers is that the agency further delayed the effective date of the Rule upon request by the judge hearing the cases. On October 12, OSHA announced that it would further delay enforcement of the anti-retaliation provisions until December 1, 2016. This delay provides you with a good opportunity to become educated about our current understanding of these impending obligations. With so much

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